Administrative Order No. 20 April 25, 1991 SUBJECT: Guidelines on the Confiscation, Seizure, and Disposition of Iegally-Sourced Minerals/Mineral Products Pursuant to the provisions of Presidential Decree No. 1281, Presidential Decree No. 463, Executive Order No. 192, and other pertinent laws, rules, and regulations, the following guidelines and procedures in the arrest of offender(s) and confiscation, seizure, and disposition of mincrals/mincral products extracted, removed or disposed of without any authority are hereby issued for the information, guidance and compliance of all concemed: Section 1, Definition. For purposes of this Order, minerals/mincral products shall mean all naturally occurring inorganic substances in solid, liquid, or any intermediate state. Soil which supports organic life, sand and gravel, guano, petroleum, geothermal energy and natural gas are included in this term but are governed by special laws. Minerals/mineral products such as ores, aggregates, sand and ceramic raw materials are also included. Ilegally-sourced mincrals/mincral products are those which are mined, extracted, removed, and or disposed of without authority or permit under existing mining laws, rules and regulations Section 2, Documents Required in the Transport of Minerals/Mineral Products. The transport of all minerals by a permitice/licensce/lessee, production sharing agreement holder (heretofore stated as contractor, non-permittcc/licensee/lessee/ contractor) must be accompanied by the following documents: a) For non-metallics - Delivery Receipts; b) For metallics - Certificate of Origin of Mineral Ore (COMO)- ANNEX "A" Prior to the issuance of Delivery Receipts, transporters must first secure accreditation certificate with the concerned DENR Regional Olfice, Guidelines therefore are contained in DENR Administrative Order No. 21, Series of 1991, Section 3. Basis of Arrests and Confiseations - Absence of any of the foregoing documents shall be considercd as prima facie evidence of illegal mining and 242this shall cause the scizure of the mincrals/mincral products and the tools and equipment including conveyance used in the commission of the offense in favor of the government pursuant to PD 1281, subject io further investigation. If it is found that the minerals/mineral products seized have been mined, extracted or removed without any permit or authority under existing mining laws, rules and regulations, final confiscation can be effected to be followed by the filing of the complaint, DENR officers which include the Regional Executive Director (RED), Regional Technical Director (RTD), Provincial and Community Environment and Natural Resources Officers (PENROs/CENROs), and other DENR personne! duly authorized by the Secretary or his duly authorized representatives shall have authority to arrest offenders and seize/confiscate illegally-sourced minerals/mincral products and the tools, equipment and conveyances used in the commission of offense. Section 4. Execution of Sworn Statements - Immediately after scizure of the minerals/mineral products together vith the tools, conveyance/s and equipment used in the commission of the offense, the pprehending DENR officer shall execute his sworn statemenVaffidavit surrounding the facts of the case in the form hereto attached as Annex "B". He shall also take the allidavits or statements of witnesses, if any, in the form hereto altached as Annex "C°. Section 5, Assessment and Issuance of Seizure Receipt - The kind, volume or quantity of the seized minerals/mincral products shall be determined immediately and the assessment thereof shall be based on the gross volume or weight without benefit of deduction for natural defects, after which the corresponding seizure receipt shall be issued by the signing DENR officer duly acknowledged by the apprehended person/s or party/ies, In case the apprehended person/s or party/ies refuse (0 acknowledge, the local authority may attest as to the veracity of the seizure receipt. Section 6, Custody of the Seized Minerals/Mineral Products, ‘Toots, Conveyances, and Equipment - This shall be made in accordance with the following procedures a In cases of apprehension by the DENR field officer, the mineral products, tools, equipment and conveyance/s used shall be deposited with the nearest CENRO/PENRO/RED office, as the case may be and wherever it is most convenient, for safekeeping. If the transfer of the seized products to the aforecited offices is not immediately fcasible, the same shall be placed under the custody of any licensed mine operator or the nearest local public official such as the Barangay Captain, Municipal/City Mayor, Provincial Governor or the Philippine National Police (PNP), at the discretion of the confiscating officer taking into account the safety of the confiscated items. The apprehending officer is authorized to seek assistance from licensed mine operators to provide 243transportation facilities for the transfer of the confiscated items from the place of apprehension to the place of custody. In any event, the custody shall be duly acknowledged and receipted by the official taking custody thereof. PROVIDED, however, that in the case of seizurc/confiscation by the DENR Central Office, the case shall be referred to the CENRO/PENRO/RED concerned for further investigation and disposition. In cases of apprchension by the PNP, Economic Intelligence and Investigation Bureau (EIB), Coast Guard, and other government law enforcement agencies, the apprehending agency shall notify the nearest DENR Office and turn over the seized items to the CENRO/PENRO/RED as the case may be for proper investigation and disposition. For confiscated gold and other precious metals, the CENRO/PENRO/RED, as the case may be, shall first determine if they conform with Central Bank (CB) specifications or requirments for acceptance (see Annex "E" hereof). If the confiscated gold satisfies the minimum weight requirements but it docs not conform with the physical requirements, the said metal shall be delivered by accountable officer escorted by security officers to the nearest DENR Metallurgy Office for processing. In cases where the weight requirement is not satisfied, the Chicf Cashicr/Accountant of the CENRO/PENRO/RED office concerned shall store the confiscated metal in a safe deposit box of the nearest reputable banking institution duly accredited by the DENR Regional Officé. Once the inventory of metals reaches the minimum CB weight specifications, the Chief Cashier/Accountant shall turn over the confiscated gold to the Metallurgy Office. ‘The latter shall turn over immediately after processing into saleable forms the metals to the Chief Cashicr/Accountant. In cach turnover, accountability is transferred through Memorandum Receipts. Section 7. Filing of Complaint - The CENRO/PENRO/RED, as the case may be, shall file the complaint with the proper court for violation of Sec. 78 of P.D. No. 463, as amended in the form hereto attached as Annex “D", a) » 9 The following documents should be attached to the complaint: Sworn statement of the apprehending/arresting officer (Annex "B"); Affidavits of witnesses, if any (Annex "C"); Copy of the seizure receipt; 244